In re Kelly

There is no per se rule against double inclusion of an element in a claim; the governing consideration is what constitutes a reasonable construction of the claim language, since automatic reliance on a rule either against or allowing double inclusion leads to unreasonable interpretations.

Written by

A language model, from how the MPEP uses this case rather than from the opinion.

Confidence

high — self-reported, not calibrated against a measured error rate

Human review

Not reviewed by a person

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